Important Point - The observations made hereinabove are prima facie in nature and confined to adjudication of the present Petition only.

S.S. Shinde, J.

Rule. Rule made returnable forthwith and heard finally with the consent of the learned counsel appearing for the parties.

2. This Petition is filed seeking quashment of F.I.R. bearing Crime No.1329/2016 registered at Krantichowk Police Station, Aurangabad under section 420 r/w 406 of the Indian Penal Code and also communications dated 4th February, 2017 holding of the Bank account of the petitioner and asking for details and particulars etc.

3. The brief facts leading for filing the Petition, as disclosed in Petition, are as under :-

Respondent No.3 filed a complaint on 24th December, 2016 alleging that, the petitioner in the year 2014 offered for sale of his land admeasuring 2 H 19 R part of Gat No.240 situated at village Nipani, Tq. & Dist. Aurangabad and he expressed his willingness to purchase the said land. An agreement to sale was executed on 7th October, 2014 in respect of the said land for sale consideration of Rs.32 Lakhs and out of that amount, the amount of Rs.5,51,000/- were paid through cheque bearing No.46276 drawn on Malkapur Urban Cooperative Bank, and that, the remaining amount was to be paid at the time of execution of the sale deed and the sale deed was to be executed within one year of execution of the agreement. It has been alleged that, in the month of October, 2015, he requested the petitioner to execute the sale deed. However, the petitioner avoided to do so on one or other pretext. Respondent no.3 further thought that, as the sale deed was to get executed in the month of October, 2015 itself and as such on 12th October, 2015 by paper publication in daily Divya Marathi and Dainik Lokmat, invited objections, if any to the proposed transaction. He did not receive any objection from anybody till date.

4. Respondent no.3 further alleged that, the petitioner on 26th October, 2015 though entered into an agreement for sale of the land, instead of executing the sale deed, wrote to return the amount paid and as such he sent the said cheque back to him through post. He therefore alleged that, the petitioner had entered into an agreement on 27th October, 2014 for sale of 2 H 19 R land part of Gat No.240 situated at village Nipani, Tq. & Dist. Aurangabad by accepting the cheque of Rs.5,51,000/-, still did not execute the sale deed as agreed and as such has committed breach of trust and has cheated him. Hence the respondent no.2 registered Crime No.1329/2016 under section 406 and 420 of Indian Penal Code.

5. The learned counsel appearing for the petitioner submits that, Respondent No.3 did not disclose in his complaint or otherwise to Respondent No.2 etc, the fact that he has already filed Special Civil Suit No.288 of 2015 (Mr. Nooruddin Sher Mohammad Charniya V/s Mr. Sanjaykumar S/o Suganchand Kasliwal) for the specific performance of the agreement of sale etc, and that suit is pending. It is submitted that, surprisingly the Police authorities with hidden motive carried a search of his house without any prior intimation as required and contemplated under the provisions of the Criminal Procedure Code, or otherwise. It is submitted that, Respondent No.4 addressed a letter to the Branch Manager, H.D.F.C. Bank, Akashwani Branch, Jalna Road, Aurangabad, wherein there is account of the petitioner bearing Account No.08261000019292 stating that, there is huge financial scam in the aforesaid crime and sought detail information/documents, which was absolutely unwarranted in relation to the aforementioned offence registered against the petitioner. The Petitioner submits that the police authorities do not have any power and authority to hold the bank account of petitioner and the said act on the part of police authority is in fact abuse of the process of law. It is submitted that, the act of asking the bank to hold the account is arbitrary without authority of law and ultra virus and excessive use of the power by the police authority. It is submitted that, the manner in which the so called investigation is